Matter of Liguori v Town of Rushford
2008 NY Slip Op 00876 [48 AD3d 1132]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


In the Matter of John A. Liguori et al., Petitioners, v Town of Rushford et al., Respondents.

—[*1] Bennett, DiFilippo & Kurtzhalts, LLP, Holland (Ronald P. Bennett of counsel), for petitioners.

Hodgson Russ LLP, Buffalo (Daniel A. Spitzer of counsel), for respondents.

Proceeding pursuant to EDPL 207 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department) to annul a determination of respondents to condemn certain property of petitioners.

Now, upon reading and filing the stipulation discontinuing proceeding signed by the attorneys for the parties on November 27, 2007,

It is hereby ordered that said proceeding is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Smith, Centra, Peradotto and Green, JJ.